Breach by the Sub Clause Samples
The "Breach by the Sub" clause defines the consequences and procedures that apply if a subcontractor fails to meet its contractual obligations. Typically, this clause outlines what constitutes a breach, such as non-performance, delayed work, or failure to comply with specifications, and may specify remedies available to the main contractor, including the right to terminate the subcontract or seek damages. Its core practical function is to allocate risk and provide a clear framework for addressing and resolving issues arising from the subcontractor's non-compliance, thereby protecting the interests of the main contractor and ensuring project continuity.
Breach by the Sub lessee
(i) the Sub-lessee fails to pay the Premium or any part thereof to the Lessee within the stipulated time in the amount and in the manner as provided herein;
(ii) the Sub-lessee fails to pay the Replanting Cost or any part thereof to the Lessee within the stipulated time in the amount and in the manner as provided herein;
(iii) if an order is made or a resolution is passed for the winding-up of the Sub-lessee, except for the purpose of reconstruction or amalgamation not involving the realization of assets in which the interest of creditors are protected or in the case of a natural person if the other Party is adjudicated bankrupt;
(iv) the Sub-lessee breaches any of the terms and conditions of this Sub- lease Agreement (including but not limited to the Sub- lessee’s representations and warranties) or fails to perform or observe any undertaking, obligation or agreement expressed or implied in this Sub- lease Agreement; and/or
(v) a breach or default by the Sub-lessee of any covenant or other term or condition contained in the Management Agreement and shall, at the option of the Lessee, be considered a default in this Sub-lease Agreement, and Provided That the Lessee shall have complied with the terms and conditions of this Sub-lease Agreement, the Lessee shall be entitled at its discretion to elect any of the following and in any such cases as elected by the Lessee, all Premium and/or the Replanting Cost or any part thereof already paid by the Sub-lessee shall be forfeited to the Lessee:-
(i) the Lessee may take forfeiture proceeding pursuant to section 234 and section 235 of the National Land Code and the Parties hereby agree that the reasonable time for the Sub-lessee to remedy the specified breach after service of the notice under Section 235 of the National Land Code shall be a period of thirty (30) days; and/or
(ii) to seek the remedy of specific performance and all other reliefs thereunder against the Sub-lessee; and/or
(iii) to terminate this Sub-lease Agreement without liability on its part by notice in writing to the Sub-lessee and claim damages against the Sub-lessee for breach of contract and the Sub-lessee shall peacefully surrender and relinquish to the Lessee all his rights and interests to the Said Lot. Thereafter, the Lessee shall be free to deal with the Said Lot in any manner as it shall deem fit at its discretion.
Breach by the Sub lessee
(i) the Sub-lessee is an adjudicated bankrupt;
(ii) the Sub-lessee breaches any of the terms and conditions of this Agreement (including but not limited to the Sub-lessee’s representations and warranties) or fails to perform or observe any undertaking, obligation or agreement expressed or implied in this Agreement;
(iii) a breach or default by the Sub-lessee of any covenant or other term or condition contained in the Sub-lease Agreement and shall, at the option of the Management Company, be considered a default in this Agreement, and Provided That the Management Company shall have complied with the terms and conditions of this Agreement, the Management Company shall be entitled at its discretion to elect any of the following and in any such cases as elected by the Management Company:-
(aa) to seek remedy of specific performance and all other relief against the Sub-lessee; and/or